GSB # 1487/99
OPSEU # 99E271
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Holland)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of the Environment)
Employer
BEFORE Daniel A. Harris Vice Chair
FOR THE Don Martin
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE Ken Cribbie
EMPLOYER Labour Relations Advisor
Ministry of the Environment
HEARING April 12, 2000
The grievor received a surplus notice on January 14, 1997. He was classified as an EO3 in the Bellville office of the Ministry of the Environment and Energy at that time. In June 1999 the employer reorganized its workforce by transferring an EO4 position from the Peterborough Office to the Bellville Office. The grievor filed a grievance on October 19, 1999,contending that his surplusing in 1997 was contrary to the collective agreement.
The union and employer are agreed that the grievance was filed out of time. The union and employer contend that I am without jurisdiction to hear the grievances because neither of them wishes to have it arbitrated.
In accordance with the decision in ATU (Blake) & Toronto Area Transit Authority, GSB
File No. 1276/87 (Shime), dated May 3, 1988, the grievances are dismissed.
Dated at Toronto, this 13th day of April, 2000